HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.2153 of 2014
ORDER :
This petition is filed seeking to quash the proceedings initiated against the petitioners, in Crime No.72 of 2014 of Milardevpally P.S., Ranga Reddy District.
2. Heard learned counsel for petitioners, Sri S. Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1 and also the learned counsel appearing for respondent Nos.2 and 3. Perused the record.
3. Initially, this Court granted interim stay of investigation as far as the petitioners are concerned, by order dated 05.03.2014.
4. The petitioners are arrayed as accused Nos.1 to 7 in Crime No.72 of 2014 of Milardevpally P.S. for the offences under Sections 420, 468, 447, 120-B r/w.34 of IPC, basing on the private complaint preferred by respondent Nos.2 and 3 herein on the file of VIII Metropolitan Magistrate, Cyberabad, alleging that the respondents have purchased open plot admeasuring 500 square 2 GAC, J Crl.P.No.2153 of 2014 yards covered by Plot No.13 in Sy.No.48 of 2010 situated at Katedan Industrial area, Shivarampally village, Rajendranagar Mandal and Municipality, Ranga Reddy District under two registered sale deeds dated 14.08.2006 for 250 square yards each, from one Kanyalal Sharma, who had acquired part of the plot admeasuring 250 square yards through a registered gift deed dated 28.06.1994 executed by one Rameshchand Sharma and another to an extent of 250 square yards through registered sale deed bearing document No.6174 of 1981. The said Kanyalal Sharma and his brother Rameshchand Sharma in turn purchased the subject plot admeasuring 500 square yards from one Smt. K.Sarojana, who had purchased the said plot under registered sale deed dated 02.07.1978 from Bogala Jangaiah i.e. the father of the petitioners/accused Nos.4 to 7. Ever since the purchase of the plots, respondent Nos.2 and 3 are in peaceful possession and enjoyment of the same. While so, the petitioners-Accused Nos.1 and 2, who are engaged in real estate business and having acquaintance with the officials of Revenue Department, by colluding with the other petitioners/accused, brought into existence the document bearing 3 GAC, J Crl.P.No.2153 of 2014 No.5207 of 2013, dated 26.06.2013 in favour of the 3rd petitioner/accused No.3, executed by petitioner Nos.4 to 7 and figuring themselves as witnesses for the sale deed. Petitioners/accused Nos.4 to 7 have absolutely no title over the plots sold under the sale deeds since their father sold away the subject lands in 1979 itself and with an intention to cheat respondent Nos.2 and 3 and to cause wrongful loss to them, the petitioners/accused have brought into existence the sale deed dated 26.06.2013, and are even making hectic attempts to trespass into the subject plots. Being aggrieved by it, respondent Nos.2 and 3 have also filed a civil suit in O.S.No.1312 of 2013 on the file of III Additional District Judge, Ranga Reddy District at L.B.Nagar, by accused No.3 against respondent Nos.2 and 3 for grant of perpetual injunction, and therefore, all the petitioners are liable to be prosecuted for the aforesaid offences.
5. It is the contention of the learned counsel for petitioners that without looking into the contents of the complaint, the learned Magistrate has referred the same to the Police for investigation, for which, a case was registered against them and that the petitioners 4 GAC, J Crl.P.No.2153 of 2014 are innocent and they are in no way connected with the alleged offences, and therefore, the criminal proceedings against them are liable to be quashed at the threshold. It is the specific contention of the petitioners herein that the allegations made in the complaint even if are taken at their face value and accepted, they do not even prima facie constitute any offence and further, the property purchased by respondent Nos.2 and 3 through two registered sale deeds dated 14.08.2006 is not the property purchased by petitioner/accused No.3, under the sale deed dated 26.06.2013. It is also contended that the plots purchased by respondent Nos.2 and 3 are situated at Shivarampally revenue village and the plots purchased by the petitioner/accused No.3 are situated in Katedan revenue village, and therefore, the contention that the petitioners having conspired, brought into existence the sale deed of accused No.3, is far from truth and baseless. Further, the civil suit filed by the petitioner/accused No.3 against respondent Nos.2 and 3 for grant of perpetual injunction itself is a positive proof and therefore, prayed to quash the FIR and further proceedings in Crime No.72 of 2014 on the file of Milardevpally P.S., Cyberabad. 5
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6. On the other hand, Sri S. Ganesh, the learned Assistant Public Prosecutor appearing for respondent No.1 has contended that the proceedings initiated against the petitioners herein cannot be quashed at the threshold, as the allegations are to be tried before the trial Court.
7. Counsel for respondent Nos.2 and 3 contended that the property purchased by respondent Nos.2 and 3, in fact, is the same property purchased by petitioner/accused No.3 and the suit filed by the plaintiff was decreed and that has no bearing against the criminal proceedings, and therefore, prayed to dismiss the quash petition.
8. On perusal of the entire evidence on record, it is evident that the father of petitioner/accused No.3 died in the year 1979 and respondent Nos.2 and 3 have purchased the property and are in peaceful possession and enjoyment of the same. The link document show that the father of petitioner Nos.4 to 7 i.e. one Bogala Jangaiah had sold the property to one Smt. K.Sarojana on 02.07.1978, who in turn, sold the property to others. Though it is 6 GAC, J Crl.P.No.2153 of 2014 the contention of the petitioners that respondent Nos.2 and 3 purchased the property under two registered sale deeds dated 14.08.2006, whereas, the petitioner/accused No.3 purchased the property on 26.06.2013 and both the lands are different and the lands of respondent Nos.2 and 3 are situated at Shivarampalli, whereas, the lands of petitioner No.3 are situated at Katedan revenue village, that cannot be looked into while dealing with the quash petition, as it is a matter to be decided after full-fledged trial. Moreover, the plaint copy of the suit clearly disclose that the suit schedule property is situated at Katedan village, Rajendranagar Mandal, Ranga Reddy District, it is relating to a house property bearing H.No.6-4-80/1/A, admeasuring 400 square yards in Ward No.6, Block No.4, of Sy.No.48/10, situated at Katedan village, through the sale deed dated 14.08.2006, whereas, the property purchased by respondent Nos.2 and 3 is shown as Plot No.13, Sy.No.48/10, situated at Katedan industrial area, Shivarampally, which means that the property is situated at Katedan industrial area of Shivarampalli village and it is a matter of fact to be adduced by way of evidence at the time of trial.
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9. The learned counsel for petitioners has relied on the judgment of Apex Court in Mohd. Khalid Khan v. State of Uttar Pradesh & another1, wherein, it is held as under:
"By virtue of the impugned order, the applications filed by the appellants under Section 482 of the Criminal Procedure Code had been dismissed by the High Court.
We have heard the learned counsel for the parties at length and upon hearing them, we find that a Suit and a Signature Not Verified Digitally signed by Sarita Purohit First Appeal are pending on the subject matter of the present litigation and the issue with regard to ownership of the land in question is yet to be finalised in the said Suit and in the First Appeal.
In the circumstances, we would not like to pass any observation which might adversely affect any of the parties in pending civil litigation.
Suffice it to say at this stage that while rejecting the applications filed under Section 482 Cr.P.C., the High Court had considered certain facts which prima facie might not be correct. Some observations with regard to the oral gift (Hiba) have been made which, according to us, are not correct, as we do not find the same in the sale deed which had been executed in favour of the present appellants.
Looking at the aforesaid facts, we are of the view that at this stage no case has been made out against the present appellants for initiating any criminal proceedings. Therefore, we set aside the impugned order so far as the present appellants are concerned and quash the process issued against them and also the charge-sheet filed against the present appellants in pursuance of First Information 1 AIR 2015 SC 3656 8 GAC, J Crl.P.No.2153 of 2014 Report No.332 of 2005 dated 31st October, 2005 lodged at Police Station, Wazirganj, District Lucknow."
10. The learned counsel for petitioners has also relied on the judgment of Hon'ble Supreme Court in Joseph Salvaraj v. State of Gujarat & others2, wherein, it is held as under:
"Even if the charge sheet had been filed, the learned Single Judge could have still examined whether the offences alleged to have been committed by the Appellant were prima facie made out from the complainant's FIR, charge sheet, documents etc. or not.
In our opinion, the matter appears to be purely civil in nature. There appears to be no cheating or a dishonest inducement for the delivery of property or breach of trust by the Appellant. The present FIR is an abuse of process of law. The purely civil dispute, is sought to be given a colour of a criminal offence to wreak vengeance against the Appellant. It does not meet the strict standard of proof required to sustain a criminal accusation.
In such type of cases, it is necessary to draw a distinction between civil wrong and criminal wrong as has been succinctly held by this Court in Devendra Vs. State of U.P., 2009 (7) SCC 495, relevant part thereof is reproduced hereinbelow:
"A distinction must be made between a civil wrong and a criminal wrong. When dispute between the parties constitute only a civil wrong and not a criminal wrong, the courts would not permit a person to be harassed although no case for taking cognizance of the offence has been made out.""2
(2011) 7 SCC 59 9 GAC, J Crl.P.No.2153 of 2014
11. The aforesaid judgments are not applicable to the facts of the present case, as the suit has been decreed and the properties which are mentioned in the plaint schedule are different from the property in the sale deeds, and therefore, this Court cannot come to conclusion at this juncture whether the property mentioned in the suit schedule and the properties mentioned in the sale deeds with regard to which this quash petition is preferred, are one and the same or not, and it is for the trial Court to come to the conclusion whether the offences under Sections 420, 468, 447 and 120-B r/w. 34 of IPC are attracted and whether the prosecution is able to prove the guilt of the accused for the said offences or not ?
12. For the aforesaid reasons, this criminal petition is dismissed as devoid of merits.
Pending miscellaneous applications, if any, shall stand closed.
________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 12.04.2023 ajr